For the purposes of this chapter, the following words shall
have the meanings ascribed below:
"Private property"
shall mean any property held by private interests which is
used primarily for business, commercial, or recreational purposes.
"Public property"
shall mean any property owned or maintained by the City of
San Juan Capistrano.
"Skateboard"
shall mean a board of any material, which has wheels attached
to it and which is propelled or moved by human gravitational, or mechanical
power, and to which there is not fixed any device or mechanism to
turn or control the wheels.
(§ 1, Ord. No. 720)
It shall be unlawful and subject to punishment in accordance with Section
5-23.07 of this chapter, for any person utilizing or riding upon skateboards or similar devices to ride or move about in or on any public or private property when the same has been designated by resolution of the City Council and posted as a no skateboarding area.
(§ 1, Ord. No. 720)
The City Council may, upon review and recommendation by the City Engineer, designate any public roadway, sidewalk, or other public property as a no skateboarding area. The City Council shall designate such area by resolution and order the posting of appropriate signage in accordance with section
5-23.05 of this chapter.
(§ 1, Ord. No. 720)
The City Council may, by resolution, designate any private property
within a business district, or which is primarily used for commercial
or recreational purposes, as a no skateboarding area. The City Council
may so designate this private property subject to the following:
(a) If
the property is owner-occupied property, the property owner shall
submit a written petition of application requesting a designation
of a no skateboarding area.
(b) If
the property is occupied by tenants of the owner, either:
(i) The property owner shall submit a written petition of application
requesting designation of a no skate boarding area; or
(ii) The tenants shall submit a written petition of application by a majority
of the tenants on the property supporting a designation of a no skateboarding
area and the application shall also contain written consent of the
property owner.
(c) The
City Clerk shall cause notice of City Council consideration of this
application to be mailed to all tenants in the subject private property
as well as to the owner at least five days prior to City Council consideration.
The City Council may approve or deny the request for designation
of the no skateboarding area.
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(§ 1, Ord. No. 720)
Prior to the enforcement of the prohibition on skateboarding,
the area so designated shall be posted with signs which provide substantially
as follows:
Skateboarding is prohibited by the San Juan Capistrano Municipal Code, Section 5-23.02. Any violation is punishable by a fine of $100.00 for a first offense.
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Such prohibition shall apply to the property or area so designated
once posted in plain view at all entrances to the property or area,
and on signs which are not less than 17 by 21 inches high in size
with lettering not less than one inch in height.
(§ 1, Ord. No. 720)
The City Council may, by resolution, establish fees for the
receipt and processing of applications and petitions for no skateboarding
areas. In addition, the City Council may, by resolution, establish
fees sufficient to cover the costs of developing, printing, and posting
the areas designated pursuant to this chapter.
(§ 1, Ord. No. 720)
Any violation of this chapter is deemed an infraction, punishable by a fine of One hundred dollars. A second violation of this chapter shall be punishable by a fine of Two hundred dollars, and a third and subsequent violation shall be deemed a misdemeanor punishable in accordance with Title
1, Sections
1-2.01 to
1-2.08 of this Code.
(§ 1, Ord. No. 720)
Any devices designed, intended, and used solely for the transportation
of infants, the handicapped, or incapacitated persons, or devices
designed, intended, and used for the transportation of merchandise
to and from the place of purchase and other wheeled devices, when
being used for either of these purposes, shall be exempt from the
provisions of this chapter. Furthermore, the City Council may, by
resolution, suspend the enforcement of the provisions of this chapter
to accommodate special events when so requested by the event organizer.
(§ 1, Ord. No. 720)